(b)continues to apply to the things mentioned in it as if the repealed regulation had not been repealed.

6Continuation of particular schemes for particular purposes

(1)This section applies if—

(a)before the commencement, a person applied for assistance under an approved assistance scheme under any of parts 3, 4, 5, 7, 8, 11, 12, 18 or 28 to 34 of the schedule of the repealed regulation; and

(b)immediately before the commencement, any of the following applied—

(i)the application had not been decided;

(ii)the authority had approved assistance for the person under the scheme and the person had not been given all of the assistance;

(iii)the scheme had otherwise not been fully administered in relation to the person.

(2)The scheme, as in force immediately before the commencement, continues to apply in relation to deciding the application, giving the assistance or otherwise administering the scheme, as if the repealed regulation had not been repealed.

(1)Existing schedule 23 continues to apply to administering the special disaster assistance scheme in relation to TC Marcia as if the schedule had not been amended.

(2)To remove any doubt, it is declared that subsection (1) applies even if an assistance establishment notice or an amendment of an assistance establishment notice under existing schedule 23, section 6, for TC Marcia, is published on the authority’s website on or after the commencement.

(3)In this section—

eligible disaster means an eligible disaster under schedule 23, section 4 as in force before the commencement.

existing, for schedule 23 or a provision of schedule 23, means the schedule or provision as in force immediately before the commencement.

TC Marcia means the eligible disaster described as ‘Severe Tropical Cyclone Marcia and South East QLD trough’ in the assistance establishment notice published on the authority’s website on 23 March 2015.

A reference in a document to the name of an approved assistance scheme (the former name) stated in column 1 of the following table may, if the context permits, be taken to be a reference to the name of the scheme stated opposite the former name in column 2 of the table.

(4)To remove any doubt, it is declared that subsection (3) does not prevent the authority increasing the interest rate charged for the loan in accordance with an agreement for the loan entered into before the commencement.

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or

(b)in relation to a partnership, proprietary company or trust that carries on a primary production enterprise, any partner in the partnership, shareholder in the company or beneficiary of the trust who spends the majority of their labour on, and derives the majority of their income from, the primary production enterprise.

(a)works in a business in the commercial wild-catch fishing industry; and

(b)shares the proceeds of the business with the owner of the business.

sustainability program means the part of the scheme set out in parts 2 and 4.

Part 2General provisions for scheme

4Nature of assistance

The nature of the assistance that may be given under the scheme is loans at concessional rates of interest to applicants who—

(a)are carrying out eligible activities; and

(b)under section 14 or 18, are eligible to receive assistance under the scheme.

5Eligible activities

(1)The chief executive must—

(a)decide the activities that are eligible activities for each program under the scheme; and

(b)notify the authority about the decision made under paragraph (a).

(2)When deciding whether an activity is an eligible activity for a program, the chief executive must consult with relevant public sector entities.

6Interest rate

(1)The initial interest rate under the scheme for a loan to an applicant will be worked out when the applicant first draws down the loan or part of the loan.

(2)The initial interest rate for the loan—

(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the applicant first draws down the loan or part of the loan; and

(b)is worked out by the authority based on the base lending rate when the interest rate is fixed.

(3)At any time during the term of the loan after any period decided under subsection (2)(a), the authority may agree to fix the interest rate for periods of 1, 3 or 5 years.

(4)The interest rate fixed for the loan under subsection (3) is worked out by the authority based on the base lending rate when the interest rate is fixed.

(5)The authority may, during the term of the loan, increase the interest rate from the interest rate mentioned in subsection (2) or (3) to a commercial rate.

(6)If, under subsection (5), the authority decides to increase the interest rate because the applicant’s financial capacity improves during the term of the loan, the authority may decide the extent to which the interest rate for the loan is to increase—

(a)in an annual review of the loan; and

(b)based on the improvement.

(7)The authority may decide the extent to which the interest rate is to increase under subsection (6) more than once in relation to the applicant.

(8)In this section—

base lending rate means the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus a margin decided by the authority and approved by the Minister.

(1)It is a condition (mutual obligation condition) of a loan under the scheme that the applicant for the loan give the authority reports on the outcomes achieved with the funds loaned to the applicant.

(2)The reports must be given to the authority in the form, and at the intervals, stated in the written offer of a loan given to the applicant by the authority.

11AApplication to consolidate loans

(1)This section applies if—

(a)a person has at least 1 loan under a program under the scheme and has applied for another loan under the same program; or

(b)a person has 2 or more loans under the same program.

(2)The person may apply to consolidate the loans into a single loan.

(3)The application must be—

(a)in the approved application form; and

(b)accompanied by the documents stated on the approved application form; and

(1)The first start program is designed to provide finance to an applicant in the first years of establishment of the applicant’s primary production enterprise.

(2)The purpose of assistance under the first start program is to enable an applicant to become a primary producer by assisting the applicant—

(a)to acquire and operate a viable primary production enterprise; or

(b)to acquire and operate a primary production enterprise on a staged basis, as part of a longer term plan for the applicant to operate a viable primary production enterprise; or

(c)to enter the existing primary production enterprise of the applicant’s parents or other family member, as a part of a longer term plan for the applicant to operate a viable primary production enterprise in the applicant’s own right; or

(d)to enter into a leasing, sharefarming or sharefishing arrangement that will lead to the applicant operating a viable primary production enterprise; or

(e)to upgrade, build up or develop the applicant’s existing non-viable primary production enterprise that has not generated the majority of the applicant’s income to one of an economically sustainable size.

13Maximum loan amounts

The maximum amount of a loan, or the total outstanding loan balance, under the first start program is $2,000,000.

(1)For an applicant to be eligible to receive assistance under the first start program, the applicant must—

(a)have resided in Queensland for at least 6 months; and

(b)not own, or have disposed of, a viable primary production enterprise; and

(c)demonstrate financial need for the assistance; and

(d)if the loan is to enter the existing primary production enterprise or buy the applicant’s parents’ or other family member’s assets, be able to demonstrate—

(i)the parents or family member is not in a financial position to completely effect a transfer of the assets; and

(ii)the purchase is not merely a refinance arrangement; and

(e)demonstrate adequate experience or other qualifications to give the applicant a reasonable prospect of success in the particular industry the applicant wishes to enter; and

(f)be able to demonstrate—

(i)for buying a primary production enterprise—the applicant will have 50% equity in the enterprise; or

(ii)for a leasing, sharefarming or sharefishing arrangement—the applicant will pay 50% of the set-up costs of the enterprise; and

(g)demonstrate adequate funding for carry-on purposes; and

(h)demonstrate sound prospects for commercial viability in the long-term development of the primary production enterprise, in accordance with the planned progression, and the capacity to service proposed debt from the enterprise and other forms of income; and

(i)trade in the applicant’s own right or satisfy the authority that the applicant’s entry into the existing primary production enterprise of the applicant’s parents or other family member is part of a longer term plan to ultimately trade in the applicant’s own right; and

(j)give the authority a management plan that shows the stages of a planned progression towards a viable first primary production enterprise.

(2)However, for subsection (1)(f), the authority may, in relevant circumstances, vary the amount of equity in the enterprise that the applicant is required to demonstrate.

Example of relevant circumstances—

An applicant has limited equity in the primary production enterprise but has a stable wage, salary or other off-farm income.

The purpose of assistance under the sustainability program is to enable a primary producer to implement systems and management practices that enhance the sustainability of the primary producer’s primary production enterprise by—

(a)increasing productivity and long-term viability; and

(b)avoiding or minimising adverse impacts on—

(i)the natural resource base where the activity for which the assistance is received is performed; and

(ii)other ecosystems affected by the activity; and

(c)adopting systems and practices to mitigate the effects of climate, drought and market risks.

(1)To be eligible to receive assistance under the sustainability program, the applicant must—

(a)demonstrate to the satisfaction of the authority—

(i)that the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and

(ii)that an interested person for the primary production enterprise is a primary producer; and

(iii)the primary production enterprise has been carried on for at least 2 years; and

(iv)sound prospects for commercial viability, and the ability to service the loan, in the long term; and

(v)that the amount of the primary production enterprise’s non-enterprise or liquid assets is not more than the amount needed for prudent risk management; and

(vi)if the assistance is sought to rationalise a partnership—that the proposal for the rationalisation is not merely a refinance arrangement; and

(vii)if the assistance is sought to upgrade, buy or replace plant or machinery—the plant or machinery will be used predominantly for the enterprise; and

(b)demonstrate a financial need for the assistance; and

(c)give the authority a management plan that outlines the intended outcomes associated with the activity for which the applicant is applying for assistance; and

(d)if the assistance is sought for on-farm activities for which a licence, permit, approval or other authorisation under an Act is required before the activity can be conducted—give the authority a copy of the authorisation.

(2)In this section—

interested person, for a primary production enterprise, means—

(a)if the enterprise is carried on by a sole trader—the sole trader; or

(b)if the enterprise is carried on by a partnership, proprietary company or trust—a partner in the partnership, a shareholder in the company or a beneficiary of the trust.

defined disaster area, for an eligible disaster, means an area that the appropriate Minister has defined for the purpose of activating the disaster recovery funding arrangements for the communities affected by the disaster.

disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.

Editor’s note—

The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.

IDSP certificate, in relation to an applicant’s primary production enterprise, means a certificate issued by the chief executive stating—

(a)for an enterprise involving commercial wild-catch fishing—that in the chief executive’s opinion, a boat or equipment used to carry on the enterprise has been lost or damaged because of an eligible disaster that has significantly affected, or will significantly affect, the enterprise; or

(b)otherwise—the property where the enterprise is carried on has sustained damage because of an eligible disaster that has significantly affected, or will significantly affect, the enterprise.

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or

(b)in relation to a partnership, company or trust that carries on a primary production enterprise, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the primary production enterprise.

(a)means the land on which the applicant carries on a primary production enterprise (other than commercial wild-catch fishing) in relation to which the applicant has applied for assistance under the scheme; and

(b)includes the assets of the primary production enterprise on the land.

(2)However, an event, other than an event mentioned in subsection (1)(a), is not a natural disaster if the authority considers human activity significantly contributed to the event or loss or damage suffered because of the event.

(1)Subject to subsection (2), the maximum amount of a loan under the scheme for an eligible disaster for which the disaster recovery funding arrangements were activated before 13 January 2008 is—

(a)$100,000 for restocking; or

(b)$100,000 for meeting carry-on requirements.

(2)The total amount lent to an applicant under the scheme for an eligible disaster mentioned in subsection (1) must not be more than $150,000.

(3)The total amount lent to an applicant under the scheme for any 1 eligible disaster for which the disaster recovery funding arrangements were activated on or after 13 January 2008 must not be more than $250,000.

(i)a boat or equipment used in carrying on the enterprise has been lost or damaged as a direct result of the disaster; and

(ii)either—

(A)the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or

(B)the enterprise is an individual disaster stricken enterprise as a result of the disaster; and

(c)if paragraph (b) does not apply to the primary production enterprise—

(i)the property where the enterprise is carried on has been significantly damaged as a direct result of the disaster; and

(ii)either—

(A)the property is in the defined disaster area for the disaster; or

(B)the enterprise is an individual disaster stricken enterprise as a result of the disaster; and

(d)if the applicant claims the primary production enterprise is an individual disaster stricken enterprise, the applicant has given the authority an IDSP certificate or made reasonable efforts to obtain an IDSP certificate for the enterprise; and

(e)the applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster; and

Example for paragraph (e)—

The applicant had adequate insurance against loss or damage from the disaster.

(f)the applicant has used all of the applicant’s liquid assets and all normal credit sources up to normal credit limits; and

(g)the primary production enterprise will be viable with the assistance given; and

(h)the applicant has not taken excessive risks in carrying on the primary production enterprise.

(2)For deciding whether or not a primary production enterprise is an individual disaster affected enterprise under subsection (1)(b)(ii)(B) or (1)(c)(ii)(B), the authority must have regard to—

(a)the IDSP certificate, if any, issued for the enterprise; or

(b)if the chief executive has refused to issue an IDSP certificate for the enterprise—the reasons for the refusal.

(1)If an applicant’s property is in a defined disaster area for the disaster to which the applicant’s application relates, the applicant may be given a loan under the scheme at a concessional interest rate decided by the authority.

(2)Subject to subsection (3), if an applicant’s primary production enterprise is an individual disaster stricken enterprise, the applicant may only be given a loan under the scheme at a current commercial lending rate.

(3)An applicant under subsection (2) may be given a loan at a concessional interest rate if the authority considers—

(a)the applicant’s financial position is desperate but viable; and

(b)the applicant’s circumstances are exceptional.

9Security

(1)If an applicant is granted a loan under the scheme, the applicant must give security for the loan.

(2)The security required is—

(a)a mortgage of land or other assets, commensurate with the amount of the loan; and

disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.

Editor’s note—

The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a small business; or

(b)in relation to a partnership, company or trust that carries on a small business, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the small business.

(2)However, an event, other than an event mentioned in subsection (1)(a), is not a natural disaster if the authority considers human activity significantly contributed to the event or loss or damage suffered because of the event.

The nature of the assistance under the scheme for a small business is the provision of concessional loans for re-establishing the viable operation of the business, including by doing any of the following—

(a)repairing or replacing damaged plant and equipment;

(b)repairing or replacing buildings;

(c)supplying stock for up to 1 month to replace lost stock and maintain liquidity of the business.

6Maximum loan amounts

(1)The amount of loan assistance for an applicant under the scheme—

(a)is based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and

(b)must not be more than the amount of the net loss to the applicant’s small business caused by the eligible disaster to which the applicant’s application relates.

(2)However, the amount of loan assistance for an applicant under the scheme for an eligible disaster for which the disaster recovery funding arrangements were activated before 13 January 2008 must not be more than—

(a)$100,000; or

(b)if there is more than 1 loan given to the applicant under the scheme—a cumulative total of $150,000.

(3)Also, the total amount lent to an applicant under the scheme for any 1 eligible disaster for which the disaster recovery funding arrangements were activated on or after 13 January 2008 must not be more than $250,000.

(1)For an applicant to be eligible to receive assistance under the scheme for an eligible disaster, the authority must be satisfied—

(a)the applicant is a small business owner; and

(b)immediately before the eligible disaster, the applicant carried on a small business in the defined disaster area; and

(c)the applicant has sustained substantial damage to buildings, plant, equipment or stock of the small business as a result of the eligible disaster; and

(d)the applicant has not taken excessive risks in carrying on the small business; and

Example for paragraph (d)—

The authority is satisfied the applicant’s capital expenditure for the small business has not been excessive.

(e)the applicant has taken reasonable precautions to avoid or minimise loss or damage from the eligible disaster; and

Example for paragraph (e)—

The authority is satisfied the applicant has adequate insurance against loss or damage from the disaster.

(f)the applicant is responsible for the cost of essential repairs or replacement of the damaged assets and as a result has had liquidity severely affected; and

(g)the applicant has used all liquid assets and normal credit sources up to normal credit limits; and

(h)the applicant can not repair or replace the damaged assets, or return to viable operations from the applicant’s own resources, without assistance under the scheme; and

(i)the applicant will continue to carry on or will re-establish the small business at the same place or elsewhere in the local government area where the business was carried on before the eligible disaster; and

(j)with the assistance under the scheme, the applicant has reasonable prospects of carrying on or re-establishing the small business on a viable basis.

(2)A public company, whether acting alone or with another company, is not eligible for assistance under the scheme.

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or

(b)in relation to a partnership, company or trust that carries on a primary production enterprise, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the primary production enterprise.

The objective of the scheme is to assist primary producers who are carrying on primary production enterprises in areas notified by the Minister under section 5(2) to recover from the impact of drought to which the notification relates.

3Nature of assistance

The nature of the assistance that may be given under the scheme is loans at concessional rates of interest.

4Maximum loan amounts

The maximum amount of a loan, or total outstanding loan balance, under the scheme is $100,000.

5Eligibility criteria

(1)For an applicant to be eligible to receive assistance under the scheme—

(a)the applicant must—

(i)be a primary producer; and

(ii)own or occupy land, and carry on a primary production enterprise on the land, in an area of a local government that the Minister decides is severely drought affected; and

(iii)demonstrate that the current net value of the land is not greater than $2m; and

(b)the authority must be satisfied that—

(i)the applicant’s primary production enterprise has sound prospects for commercial viability, and the applicant has the ability to service the loan, in the long term; and

(ii)the amount of the applicant’s non-enterprise or liquid assets, other than insurance bonds and superannuation, is not more than the assets test limit for homeowners—couple (combined) for all Centrelink allowances and full pensions; and

(iii)the applicant has taken reasonable precautions to minimise the effects of drought; and

(iv)the drought has impacted adversely on the applicant’s primary production enterprise, causing a financial need for the assistance.

(2)The Minister must notify each decision made by the Minister under subsection (1)(a)(ii) on the authority’s website.

6Maximum term of loan

The maximum term of a loan is 7 years.

7Terms of repayment

(1)Repayment of principal and interest on a loan will be initially calculated using a period of up to 7 years.

(2)An interest only period of not more than 2 years may be available.

(3)A loan will have an initial interest rate that is fixed under section 8.

8Interest rate

(1)The initial interest rate under the scheme for a loan to an applicant will be worked out when the applicant first draws down the loan or part of the loan.

(2)The initial interest rate for the loan—

(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the applicant first draws down the loan or part of the loan; and

(b)is worked out by the authority based on the base lending rate for the relevant period.

(3)The authority may, during the term of the loan, increase the interest rate from the interest rate mentioned in subsection (2) to a commercial rate.

(4)If, under subsection (3), the authority decides to increase the interest rate because the applicant’s financial capacity improves during the term of the loan, the authority may decide the extent to which the interest rate for the loan is to increase—

(a)in an annual review of the loan; and

(b)based on the improvement.

(5)The authority may decide the extent to which the interest rate is to increase under subsection (4) more than once in relation to the applicant.

(6)In this section—

base lending rate means the rate decided by the authority for each 6 month period in each year that is the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus 1%.

9Security

(1)If an applicant is granted a loan under the scheme, the applicant must give security for the loan.

(2)The security required is—

(a)a mortgage of land or other assets, commensurate with the amount of the loan; or

(b)any other security the authority considers necessary, including, for example, a crop lien or stock mortgage.

10Applications

(1)An application for assistance under the scheme must be—

(a)made on the application form approved by the authority; and

(b)accompanied by the documents stated on the application form; and

(c)given to the authority.

(2)Applications must be made no later than the day decided by the Minister.

(3)The Minister must notify each decision made by the Minister under subsection (2) on the authority’s website.

11Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application for assistance.

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or

(b)in relation to a partnership, company or trust that carries on a primary production enterprise, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the primary production enterprise.

The objective of the scheme is to assist primary producers who are carrying on primary production enterprises in areas notified by the Minister under section 6(2) to recover from the impact of drought to which the notification relates.

3Purpose of assistance

The purpose of assistance under the scheme is to enable applicants—

(a)to plant or invigorate crops by assisting them to buy chemicals, fertiliser, fuel, seed or seedlings (crop materials); and

(b)to restock by assisting them to buy stock.

4Nature of assistance

The nature of the assistance that may be given under the scheme is loans at concessional rates of interest.

5Maximum loan amounts

(1)The maximum amount of a loan, or total outstanding loan balance, under the scheme is $200,000.

(2)If a loan is to assist with planting or invigorating crops—

(a)the maximum loan amount to buy crop materials is $60,000; and

(b)the loan will be limited to the cost of planting or invigorating a crop for an area that is the average of the areas planted for the previous 3 crops.

(3)If the loan is for restocking, the maximum amount of a loan is—

(a)for buying breeding stock—$200,000; or

(b)for buying stock other than breeding stock—$100,000.

6Eligibility criteria

(1)For an applicant to be eligible to receive assistance under the scheme—

(a)the applicant must—

(i)be a primary producer; and

(ii)own or occupy land, and carry on a primary production enterprise on the land, in an area of a local government that the Minister decides is severely drought affected; and

(iii)demonstrate that the current net value of the land is not greater than $2m; and

(b)the authority must be satisfied that—

(i)the applicant’s primary production enterprise has sound prospects for commercial viability, and the applicant has the ability to service the loan, in the long term; and

(ii)the applicant has exhausted all liquid assets and lines of credit the authority considers suitable; and

(iii)there is a financial need for the assistance.

(2)The Minister must notify each decision made by the Minister under subsection (1)(a)(ii) on the authority’s website.

7Maximum term of loan

The maximum term of a loan is—

(a)for buying crop materials—5 years; or

(b)for buying stock—7 years.

8Terms of repayment

(1)Repayment of principal and interest on a loan to a primary producer will be initially worked out—

(a)for buying crop materials—using a period of up to 5 years; or

(b)for buying stock—using a period of up to 7 years.

(2)However, repayment of principal and interest on the loan will be tailored to the primary producer’s individual requirements based on the producer’s income patterns.

(3)If a loan is to buy crop materials for planting or invigorating a crop, repayment of the loan must be made from proceeds of the sale of the crop and, if the authority decides, from proceeds of the sale of any subsequent crop.

(4)A loan will have an initial interest rate that is fixed under section 9.

9Interest rate

(1)The initial interest rate under the scheme for a loan to an applicant will be worked out when the applicant first draws down the loan or part of the loan.

(2)The initial interest rate for the loan—

(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the applicant first draws down the loan or part of the loan; and

(b)is worked out by the authority based on the base lending rate for the relevant period.

(3)The authority may, during the term of the loan, increase the interest rate from the interest rate mentioned in subsection (2) to a commercial rate.

(4)If, under subsection (3), the authority decides to increase the interest rate because the applicant’s financial capacity improves during the term of the loan, the authority may decide the extent to which the interest rate for the loan is to increase—

(a)in an annual review of the loan; and

(b)based on the improvement.

(5)The authority may decide the extent to which the interest rate is to increase under subsection (4) more than once in relation to the applicant.

(6)In this section—

base lending rate means the rate decided by the authority for each 6 month period in each year that is the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus 1%.

10Security

(1)If an applicant is granted a loan under the scheme, the applicant must give security for the loan.

(2)The security required is—

(a)a mortgage of land or other assets, commensurate with the amount of the loan; or

(b)any other security the authority considers necessary, including, for example, a crop lien or stock mortgage.

11Applications

(1)An application for assistance under the scheme must be—

(a)made on the application form approved by the authority; and

(b)accompanied by the documents stated on the application form; and

(c)given to the authority.

(2)Applications must be made no later than the day decided by the Minister.

(3)The Minister must notify each decision made by the Minister under subsection (2) on the authority’s website.

12Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application for assistance.

13Payment

(1)This section applies to the authority making payments to—

(a)a primary producer who is receiving assistance under the scheme; or

(b)a person from whom the producer has bought crop materials or stock.

(2)Payment may be made only if the primary producer gives the authority an invoice or receipt as evidence for the amounts to be paid.

(1)The purpose of the assistance under the scheme is to provide an eligible entity with essential working capital, by way of a loan, to continue its farming, business or non-profit operations that have been affected by an eligible disaster.

(2)However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered as a result of an eligible disaster.

(3)Also, the scheme is not intended to provide assistance relating to direct damage suffered as a result of an eligible disaster.

disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.

Editor’s note—

The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.

(b)if the entity has an Australian Business Number—the Australian Business Number; and

(c)a description of each item to which the receipt relates.

primary producer means—

(a)a sole trader who—

(i)spends the majority of his or her labour on a primary production enterprise; and

(ii)either—

(A)derives the majority of his or her income from the primary production enterprise; or

(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of his or her income from the primary production enterprise; or

(b)a partnership, company or trust that carries on a primary production enterprise for which the partners, shareholders or beneficiaries—

(i)spend the majority of their labour on a primary production enterprise; and

(ii)either—

(A)derive the majority of their income from the primary production enterprise; or

(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of their income from the primary production enterprise.

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a small business; or

(b)in relation to a partnership, private company or trust that carries on a small business, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the small business.

(2)However, an event, other than an event mentioned in subsection (1)(a), is not a natural disaster if the authority considers human activity significantly contributed to the event or loss or damage suffered because of the event.

(1)A loss of income, for an applicant, refers to the net income that would have been earned in a period (the relevant period) if the operation of the applicant’s primary production enterprise, small business or non-profit organisation had not been interrupted by the eligible disaster.

(2)The loss of income is assessed on the basis of the financial performance of the applicant’s primary production enterprise, small business or non-profit organisation in previous periods in which the circumstances, other than the effect of the eligible disaster, were similar to the circumstances in the relevant period.

(1)The nature of the assistance that may be given under the scheme is the provision of a loan at a concessional interest rate for an amount to be used as essential working capital for a primary production enterprise, small business or non-profit activities of an eligible entity for up to 1 year.

(2)Essential working capital, for a primary production enterprise, small business or non-profit activities, is money that is necessary to continue the normal operation of the primary production enterprise, small business or non-profit activities.

Examples of uses of essential working capital—

•paying salaries or wages

•paying creditors

•paying rent or rates

•buying goods, including, for example, fuel, essential to carrying on the primary production enterprise, small business or non-profit activities

•for a primary production enterprise, buying fodder or water for livestock or produce or transporting livestock or produce

(1)The amount of a loan to an applicant under the scheme for an eligible disaster—

(a)is based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and

(b)must not be more than the amount of essential working capital the authority considers is reasonably required for the applicant’s primary production enterprise, small business or non-profit activities for 1 year.

(2)However, the amount of a loan to an applicant under the scheme for an eligible disaster must not be more than $100,000.

(1)Payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3).

(2)The applicant must, if requested by the authority, from time to time provide appropriate evidence to the authority that all amounts drawn against a loan under the scheme have been used for essential working capital for the applicant’s primary production enterprise, small business or non-profit activities.

(3)If an applicant asks for the authority’s consent to substitute a security for an existing security for a loan under the scheme and the authority consents to the substitution, the applicant must pay to the authority—

(a)the authority’s reasonable fee for giving the consent; and

(b)any other reasonable costs of the authority relating to the substitution.

(4)In this section—

appropriate evidence means evidence in the form of tax invoices, official receipts for payment or bank statements showing full details of the goods or services acquired.

The objective of the scheme is to make the net fishery (east coast no. 1) commercial net fishery under the Fisheries Regulation 2008 more sustainable by the voluntary removal of relevant fishery symbols from particular licences and surrender of relevant licences.

relevant licence means a licence on which the fishery symbol ‘N1’ or ‘N2’ is written.

removal, of a relevant fishery symbol, means an amendment of the licence on which the fishery symbol is written, under the Fisheries Act 1994, section 63(4)(d) and (5), by which the fishery symbol is removed from the licence.

A stage 1 offer is a request, in the approved form, made by the holder of an ‘N1’ or ‘N2’ fishery symbol, in response to an invitation notice, to remove the fishery symbol in consideration for the relevant amount.

A stage 3 offer is a request, in the approved form, made by the holder of a ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N4’ or ‘N10’ fishery symbol, in response to an invitation notice, to remove the fishery symbol in consideration for the relevant amount.

(1)The prescribed amount for a relevant fishery symbol is the amount mentioned opposite the fishery symbol in the table in section 27.

(2)However, if the fishery symbol appears on a licence more than once, the prescribed amount for the fishery symbol is the amount mentioned in subsection (1) for each occurrence of the fishery symbol on the licence.

(1)A reference in this schedule to a particular fishery symbol by description is a reference to the fishery symbol of that description under the Fisheries Regulation 2008.

(2)A reference in this schedule to a particular fishery symbol by description, followed by a number in brackets (the stated number), is a reference to the fishery symbol of that description under which the stated number of tender boats is authorised for use under the Fisheries Regulation 2008, section 245(2).

The nature of the assistance that may be given under this scheme to a relevant holder whose surrender offer is accepted by the authority is the payment to the holder of the relevant amount for the offer.

(a)if any stage 1 offers are received in response to the invitation notice for stage 1 offers—when all the stage 1 offers have been dealt with under division 4; or

(b)otherwise—after the closing day for stage 1 offers.

(2)The authority must invite stage 2 offers from the relevant holders by publishing on the authority’s website a notice stating the following—

(a)each relevant holder is invited to make a stage 2 offer;

(b)the day from when stage 2 offers can be made;

(c)the day (the closing day) that is 4 weeks after the day the notice is published by which the authority must receive all stage 2 offers.

(3)Despite subsections (1) and (2), this section applies only if the authority considers the authority’s assistance funds for surrender offers are sufficient to pay the relevant amount for each stage 2 offer likely to be made.

(a)if an invitation notice for stage 2 offers is published under section 15(2); and

(b)either—

(i)if any stage 2 offers are received in response to the invitation notice—when all the stage 2 offers have been dealt with under division 4; or

(ii)otherwise—after the closing day for stage 2 offers.

(2)The authority must invite stage 3 offers from the relevant holders by publishing on the authority’s website a notice stating the following—

(a)each relevant holder is invited to make a stage 3 offer;

(b)the day from when stage 3 offers can be made;

(c)the day (the closing day) that is 4 weeks after the day the notice is published by which the authority must receive all stage 3 offers.

(3)Despite subsections (1) and (2), this section applies only if the authority considers the authority’s assistance funds for surrender offers are sufficient to pay the relevant amount for each stage 3 offer likely to be made.

(1)As soon as practicable after publishing an invitation notice for stage 1, 2 or 3 offers, the authority must give a written copy of the invitation notice to each of the relevant holders invited to make the offers.

(2)However, failure to comply with subsection (1) does not invalidate or otherwise affect the validity of an invitation notice.

business premises, for a small business, means premises in Queensland used by the business to conduct business activities.

combined solar and battery program means a program for the supply and installation costs of an eligible combined battery storage system in residential or business premises.

eligible battery energy storage system means a battery energy storage system listed on the website of the department administering the Electricity Act 1994 as an eligible battery energy storage system for the scheme.

eligible battery energy storage system supplier means a battery energy storage system supplier listed on the website of the department administering the Electricity Act 1994 as an eligible battery energy storage system supplier for the scheme.

eligible combined solar and battery energy storage system means an eligible solar PV system that is coupled with an eligible battery energy storage system.

eligible solar PV system means a solar PV system that is not—

(a)a replacement of an existing solar PV system; or

(b)an augmentation of an existing solar PV system; or

(c)coupled with a battery energy storage system.

eligible system means—

(a)an eligible solar PV system; or

(b)an eligible battery energy storage system; or

(c)an eligible combined solar and battery energy storage system.

program means—

(a)the solar program; or

(b)the battery program; or

(c)the combined solar and battery program.

residential premises means a class 1a building under the Building Code of Australia.

(a)to provide for assistance to households and small businesses to make electricity more affordable, including by providing assistance to persons not having access to the upfront capital to invest in eligible solar PV and eligible battery energy storage systems; and

(b)to help establish and grow a battery energy storage industry in Queensland.

(1)The amounts and terms of assistance under the scheme are as follows—

(a)for the solar program—a maximum loan of $4,500 with a loan period of not more than 7 years;

(b)for the battery program—a maximum loan of $6,000 with a loan period of not more than 10 years and a maximum grant of $3,000;

(c)for the combined solar and battery program—a maximum loan of $10,000 with a loan period of not more than 10 years and a maximum grant of $3,000.

(2)A loan, a loan and a grant, or a grant provided under the scheme can not be more than the supply and installation cost of the system for which the loan, loan and grant, or grant is provided.

(3)If a loan and a grant are to be provided for the supply and installation cost of the system, the authority may decide how much of the cost is to be provided by the loan and how much is to be provided by the grant.

(4)Interest is not payable on a loan provided under the scheme and no fees or charges are payable on a loan or a grant provided under the scheme.

8Additional eligibility criteria for the solar program and for loans and grants under the battery program or the combined solar and battery program

(1)This section applies to an application for the following assistance under the scheme—

(a)for a loan under the solar program;

(b)for a loan and a grant under the battery program;

(c)for a loan and a grant under the combined solar and battery program.

(2)For the applicant to be eligible to receive assistance—

(a)the application must be submitted in the names of no more than 2 persons for whom the residential premises at which the eligible system is to be installed are their principal place of residence; and

(b)each person named in the application must be an individual; and

(c)at least 1 person named in the application must be the owner or joint owner of the premises; and

(d)each person named in the application must be an Australian citizen or a permanent resident of Australia; and

(e)the authority must be satisfied the applicant can repay the loan given for the assistance.

(3)In this section—

joint owner, of premises, means a person who is an owner of the premises under a joint tenancy or tenancy in common.

9Additional eligibility criteria for grants only under the battery program or the combined solar and battery program

(1)This section applies to an application for the following assistance under the scheme—

(a)for a grant only under the battery program for residential or business premises;

(b)for a grant only under the combined solar and battery program for residential or business premises.

(2)For the applicant to be eligible to receive assistance for residential premises—

(a)the application must be submitted in the names of no more than 2 persons for whom the residential premises at which the eligible system is to be installed are their principal place of residence; and

(b)each person named in the application must be an individual; and

(c)at least 1 person named in the application must be the owner or joint owner of the premises; and

(d)each person named in the application must be an Australian citizen or a permanent resident of Australia.

(3)For common property under a community titles scheme, the applicant must be the body corporate for the community titles scheme.

(4)For the applicant to be eligible to receive assistance for business premises—

(a)the applicant must own the premises or, if an entity other than the applicant owns the premises, the authority must be satisfied that the applicant has a sufficient connection with that entity; and

Examples of a sufficient connection with an entity—

•the applicant is a director of a company that owns the premises

•the premises are owned by the applicant’s self-managed superannuation fund

(1)For an applicant to be eligible to receive a loan under the solar program—

(a)the application for assistance must be for the supply and installation of an eligible solar PV system; and

(b)the applicant must have incurred total electricity costs at the premises at which the system is to be installed, or at the applicant’s previous principal place of residence, of at least $1,000 over the 6 months, or at least $2,000 over the 12 months, preceding the application; and

(c)at least 1 person named in the application must be receiving Family Tax Benefit B; and

(d)the eligible solar PV system must have been approved by the authority; and

(e)the eligible solar PV system must be installed by an eligible solar supplier.

(2)For an applicant to be eligible to receive a loan and a grant, or a grant only, under the battery program—

(a)the application for assistance must be for the supply and installation of an eligible battery energy storage system; and

(b)the eligible battery energy storage system must have been approved by the authority; and

(c)the eligible battery energy storage system must be installed by an eligible battery energy storage system supplier.

(3)For an applicant to be eligible to receive a loan and a grant, or a grant only, under the combined solar and battery program—

(a)the application for assistance must be for the supply and installation of an eligible combined solar and battery energy storage system; and

(b)the eligible combined solar and battery energy storage system must have been approved by the authority; and

(c)the eligible combined solar and battery energy storage system must be installed by an eligible battery energy storage system supplier.

(4)In this section—

eligible solar supplier means a supplier of solar PV systems that—

(a) is a signatory to—

(i)the Solar Retailer Code of Conduct approved by the Clean Energy Council; or

(ii)another code of conduct, relating to the supply and installation by solar suppliers of solar PV systems, approved by a relevant entity; and

(b)conducts some or all of its operations from premises in Queensland.

relevant entity means an entity approved by the chief executive of the department administering the Electricity Act 1994 as being suitable to assess a code of conduct relating to the supply and installation by solar suppliers of solar PV systems.

(1)The payment of financial assistance under the scheme is subject to the following conditions—

(a)before receiving the assistance, a person must—

(i)enter into a written agreement with the authority that sets out the terms on which the assistance is provided; and

(ii)give the authority a tax invoice for the supply and installation of the eligible system for which the assistance is provided;

(b)the payment of the assistance for the supply and installation of an eligible system is to be made directly by the authority to the supplier of the system;

Note—

The payment of the assistance can not be made to reimburse an applicant for payments made by the applicant to the supplier of the eligible system.

(c)the payment of the assistance can not be made for an eligible system that is to be financed under a lease or solar power purchase agreement;

(d)the authority may cancel an approval for assistance to install and purchase an eligible system if the scheme recipient does not provide evidence the system has been installed within 6 months after the approval;

(e)a scheme recipient must, after the installation of an eligible battery energy storage system under the battery program or the combined solar and battery program, allow for a safety inspection of the system by a person nominated by the chief executive of the department administering the Electricity Act 1994, at no charge to the scheme recipient;

(f)a scheme recipient must disclose matters required by the authority, or to persons nominated by the authority, to enable—

(i)a safety inspection of the eligible system; or

(ii)an evaluation of the eligible system or of a program under the scheme;

(g)a scheme recipient must comply with the terms of the agreement mentioned in paragraph (a)(i).

(2)In this section—

scheme recipient means a person who has received assistance under the scheme.

1The scheme set out in the Australian Government Policy Guidelines for the Subsidised Interest Rate Scheme for Pastoralists and Service Businesses Involved in Live Cattle Exports to Indonesia, published by the Commonwealth Department of Agriculture, Fisheries and Forestry.

2The scheme set out in the document called ‘Farm Finance: Concessional Loans Scheme—Scheme Guidelines for Queensland’, published by the authority.

3The scheme set out in the document called ‘Drought Concessional Loans Scheme—Scheme Guidelines for Queensland’, published by the authority.

Editor’s note—

The document is available on the authority’s website.

4The scheme set out in the document called ‘Drought Recovery Concessional Loans Scheme—Scheme Guidelines for Queensland’, published by the authority.

5The scheme set out in the documents called ‘Farm Business Concessional Loans Scheme—Drought Assistance Concessional Loans—Guidelines for Queensland’ and ‘Farm Business Concessional Loans Scheme—Business Improvement Concessional Loans—Guidelines for Queensland’, published by the authority.

The objective of the scheme is to assist eligible applicants in offsetting the purchase price of prescribed PPE for eligible veterinary surgeons who may be at significant risk of being exposed to the Hendra virus.

2Nature of assistance

(1)The nature of assistance that may be given to an applicant under the scheme is a rebate to offset the purchase price of prescribed PPE for eligible veterinary surgeons.

(2)The following rebates are payable under the scheme—

(a)a rebate for the initial purchase of prescribed PPE for an eligible veterinary surgeon (the start-up rebate);

(b)a rebate for the purchase of prescribed PPE payable after an approved test of a suspected Hendra virus infection sample has been completed (the replenishment rebate).

For an applicant to be eligible for the start-up rebate, the authority must be satisfied that—

(a)the applicant bought prescribed PPE on or after 24 March 2012; and

(b)the applicant has not already received the start-up rebate.

7Eligibility criteria for replenishment rebate

For an applicant to be eligible for the replenishment rebate, the authority must be satisfied—

(a)an eligible veterinary surgeon for the applicant took a suspected Hendra virus infection sample from a horse; and

(b)the sample was given to the approved entity for testing for the Hendra virus; and

(c)the approved entity completed an approved test of the sample on or after 24 March 2012; and

(d)the replenishment rebate has not already been paid for the approved test.

8Amount and payment of assistance

(1)The amount of the start-up rebate payable for an application is the amount paid for prescribed PPE up to a maximum of $250 for each eligible veterinary surgeon to whom the application relates.

(2)The start-up rebate can be paid to an applicant only once.

(3)The amount of the replenishment rebate is $250 for each approved test that is completed.

(4)The replenishment rebate can be paid for an approved test only once.

9Applications

(1)An application for assistance under the scheme must be—

(a)made on the application form approved by the authority; and

(b)accompanied by the documents mentioned in the application form.

(2)Without limiting subsection (1)(b), an application for the start-up rebate must be accompanied by tax invoices and official receipts for the purchase of the prescribed PPE to which the application relates.

(3)The authority may request that an applicant provide further relevant information required to decide the application.

(4)An application for assistance under the scheme must be received by the authority no later than 30 June 2016.

10Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.

disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.

Editor’s note—

The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.

(2)However, an event, other than an event mentioned in subsection (1)(a), is not a natural disaster if the authority considers human activity significantly contributed to the event or loss or damage suffered because of the event.

An applicant is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied—

(a)the applicant is a non-profit organisation; and

(b)immediately before the eligible disaster, the applicant carried on operations as a non-profit organisation in the defined disaster area; and

(c)the applicant has suffered direct damage to essential premises, plant, equipment or stock for carrying on its operations as a non-profit organisation as a result of the eligible disaster; and

(d)the applicant has not taken excessive risks in carrying on operations as a non-profit organisation; and

Example for paragraph (d)—

The authority is satisfied the applicant’s capital expenditure for the non-profit organisation has not been excessive.

(e)the applicant has taken reasonable precautions to avoid or minimise loss or damage from the eligible disaster; and

Example for paragraph (e)—

The authority is satisfied the applicant has adequate insurance against loss or damage from the eligible disaster.

(f)the applicant is responsible for the cost of repairing or replacing the damaged assets; and

(g)the applicant has used all liquid assets and normal credit sources up to normal credit limits; and

(h)the applicant can not, from the applicant’s own resources and without assistance under the scheme—

(i)repair or replace assets directly damaged as a result of the eligible disaster; or

(ii)return to operations at a similar level as before the eligible disaster; and

(i)before applying for the assistance, the applicant has used any other available assistance from the Commonwealth or State or insurance to repair or replace damaged assets or to try to return the non-profit organisation to operations at a similar level as before the eligible disaster; and

(1)Payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3).

(2)The applicant must, if requested by the authority, provide evidence to the authority from time to time in the form of tax invoices, official receipts for payment, or bank statements, showing—

(a)full details of the goods or services acquired; and

(b)that all amounts claimed by the applicant under the scheme have been paid by the applicant.

(3)If an applicant asks for the authority’s consent to substitute a security for an existing security for the loan and the authority consents to the substitution, the applicant must pay to the authority—

(a)the authority’s reasonable fee for giving the consent; and

(b)any other reasonable costs of the authority in relation to the substitution.

12Applications

(1)An application for assistance under the scheme must—

(a)be made on the authority’s application form; and

(b)be accompanied by the documentation stated on the application; and

(c)be given to the authority.

(2)The authority may request that an applicant provide further relevant information required to decide the application.

13Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.

The objective of the scheme is to support community recovery by providing assistance, under agreements entered into from time to time between the Commonwealth and the State, to eligible entities that have suffered direct damage caused by an eligible disaster.

(1)The purpose of the assistance under the scheme is to help an eligible entity pay for costs of clean up and reinstatement of the eligible entity’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation that has suffered direct damage caused by an eligible disaster.

(2)However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered because of an eligible disaster.

disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.

Editor’s note—

The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.

(b)if the entity has an Australian Business Number—the Australian Business Number; and

(c)a description of each item to which the receipt relates.

primary producer means—

(a)a sole trader who—

(i)spends the majority of his or her labour on a primary production enterprise; and

(ii)either—

(A)derives the majority of his or her income from the primary production enterprise; or

(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of his or her income from the primary production enterprise; or

(b)a partnership, company or trust that carries on a primary production enterprise for which the partners, shareholders or beneficiaries—

(i)spend the majority of their labour on a primary production enterprise; and

(ii)either—

(A)derive the majority of their income from the primary production enterprise; or

(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of their income from the primary production enterprise.

reinstatement, of a primary production enterprise, small business or means for conducting operations as a non-profit organisation, means the carrying out of activities that are necessary to help the enterprise, business or organisation to continue or resume production or trading at a similar level as before the eligible disaster.

(1)A natural disaster means any of the following events described in an assistance establishment notice—

(a)a bushfire;

(b)a cyclone;

(c)an earthquake;

(d)a flood;

(e)a landslide;

(f)a meteorite strike;

(g)a storm, including any, or any combination, of the following—

(i)hail;

(ii)rain;

(iii)wind;

(h)a storm surge;

(i)a tornado;

(j)a tsunami.

(2)However, an event, other than an event mentioned in subsection (1)(a), is not a natural disaster if the authority considers human activity significantly contributed to the event or loss or damage suffered because of the event.

(b)the business is a charitable business that, under the disaster recovery funding arrangements, is eligible to receive assistance for the clean-up and reinstatement of the business in relation to direct damage caused by an eligible disaster.

(4)Further, a business is not a small business if—

(a)the business is carried on by a sole trader; and

(b)the business has no employees, other than the sole trader; and

(c)the sole trader does not derive the majority of the sole trader’s income from the business.

(5)Despite subsection (4)(c), a business is a small business if the sole trader—

(a)immediately before an eligible disaster, derived the majority of the sole trader’s income from the business; and

(b)in the opinion of the authority, would have derived the majority of the sole trader’s income from the small business again, but for the eligible disaster.

(6)For subsection (1)(b), the number of equivalent full-time employees of a business is worked out using the formula—

where—

E means the number of equivalent full-time employees of the business.

F means the number of full-time employees of the business.

P means the total number of hours worked each week by employees other than full-time employees.

(7)In this section—

charitable business means a business that does not operate to make a profit.

full-time employee, of a business, means an individual who ordinarily works for at least 35 hours each week for the business.

public company means a public company within the meaning of the Corporations Act.

(1)This section applies if the Commonwealth and the State have agreed that assistance should be given under the disaster recovery funding arrangements to eligible entities for an event mentioned in section 4(1).

(2)The Minister may publish, on the authority’s website, a notice (an assistance establishment notice) complying with section 6A for the event.

(e)whether or not section 18(3) applies in relation to an application for the assistance and, if so, whether section 18(3) applies in relation to the total or another stated amount of the assistance; and

(f)the day (the stated closing day) by which an application for the assistance must be received by the authority.

(2)Subsection (3) applies if, for the disaster recovery funding arrangements, a matter mentioned in any of subsection (1)(b) to (e) applies differently in relation to the assistance for the event for damage suffered in different areas (each of which is a disaster zone) within the defined disaster area.

(3)The assistance establishment notice must also state—

(a)a description of the location of each disaster zone; and

(b)as relevant, the matter mentioned in subsection (1)(b) to (e) as it applies in relation to the assistance for damage suffered in each disaster zone.

(1)This section applies to a standard grant or exceptional circumstances grant for an eligible entity’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation.

(2)The grant may cover a cost that has been incurred for any of the following things because of direct damage caused by the eligible disaster—

(a)engaging a tradesperson to conduct a safety inspection of damage to a property, premises or equipment;

(b)purchasing, hiring or leasing equipment or materials to clean a property, premises or equipment;

(c)employing a person to clean a property, premises or equipment if—

(i)the cost would not ordinarily have been incurred in the absence of an event mentioned in section 4(1); or

(ii)the cost exceeds the cost of employing a person to clean the property, premises or equipment that would ordinarily have been incurred in the absence of an event mentioned in section 4(1);

(d)removing and disposing of debris or damaged goods and material;

(e)repairing a building or repairing or replacing fittings in a building, if the repair or replacement is essential for resuming operation of the primary production enterprise, small business or non-profit organisation;

Examples of fittings for paragraph (e)—

electrical wiring, floor coverings, shelving

(f)purchasing, hiring or leasing equipment or materials that are essential for immediately resuming operation of the primary production enterprise, small business or non-profit organisation;

(g)for a primary production enterprise, any of the following—

(i)repairing or reconditioning essential equipment;

(ii)repairing or replacing fencing on a property, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State;

(1)An applicant who is a primary producer is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied—

(a)an assistance establishment notice states that primary producers are eligible to apply for the assistance; and

(b)either—

(i)the applicant’s primary production enterprise is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or

(ii)both of the following apply—

(A)the applicant’s primary production enterprise is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area;

(B)plant or equipment of the primary production enterprise situated in the defined disaster area has been damaged as a result of the eligible disaster; and

(c)the applicant was engaged in the primary production enterprise when the eligible disaster happened; and

(d)the applicant is primarily responsible for meeting the costs claimed in the application; and

(e)for an applicant applying for assistance to cover the cost of a thing mentioned in section 8(2)(g)(v), (vi) or (vii)—the applicant has provided satisfactory evidence of the loss or damage to which the cost relates; and

(f)the applicant intends to re-establish the primary production enterprise in the defined disaster area for the eligible disaster.

(2)To remove any doubt, it is declared that subsection (1)(e) is not limited by section 18.

(1)An applicant who is a small business owner is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied—

(a)an assistance establishment notice states that small business owners are eligible to apply for the assistance; and

(b)either—

(i)the applicant’s small business is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or

(ii)both of the following apply—

(A)the applicant’s small business is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area;

(B)plant or equipment of the small business situated in the defined disaster area has been damaged as a result of the eligible disaster; and

(c)the applicant was engaged in carrying on the small business when the eligible disaster happened; and

(d)the applicant is primarily responsible for meeting the costs claimed in the application; and

(e)the applicant intends to re-establish the small business in the defined disaster area for the eligible disaster.

(2)However, an applicant is not eligible for assistance under the scheme for damage to a property the applicant lets to a person for residential or commercial purposes, unless the applicant lets the property in the course of operating a business.

(1)An applicant that is a non-profit organisation is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied—

(a)an assistance establishment notice states that non-profit organisations are eligible to apply for the assistance; and

(b)either—

(i)the non-profit organisation is located in the defined disaster area for the eligible disaster and its means for conducting its operations have suffered direct damage as a result of the eligible disaster; or

(ii)both of the following apply—

(A)the non-profit organisation is located outside the defined disaster area for the eligible disaster but is operated at least sometimes on a regular basis in the area;

(B)plant or equipment of the non-profit organisation situated in the defined disaster area has been damaged as a result of the eligible disaster; and

(c)the applicant was engaged in conducting its operations when the eligible disaster happened; and

(d)the applicant is primarily responsible for meeting the costs claimed in the application; and

(e)the applicant can not repair or replace assets directly damaged as a result of the eligible disaster from the applicant’s own resources without assistance under the scheme; and

(f)the applicant intends to re-establish its operations in the defined disaster area for the eligible disaster.

(2)However, a non-profit organisation is not eligible for assistance under the scheme for an eligible disaster if—

(a)the disaster recovery funding arrangements activated for the eligible disaster include a community recovery fund; and

(b)the non-profit organisation has claimed or received a grant under the community recovery fund for the eligible disaster.

(1)A non-profit organisation is not eligible for assistance under the scheme for an item for which a claim is made in the application if the non-profit organisation has received or been approved to receive financial assistance, other than partial assistance, under another scheme, whether or not of the Commonwealth government or another government.

(2)In this section—

partial assistance, in relation to another scheme, means assistance under that scheme to fund part of the cost of the item for which a claim is made in the application.

An applicant is eligible for an exceptional circumstances grant for an eligible disaster if—

(a)an assistance establishment notice states that assistance for the eligible disaster is available by way of an exceptional circumstances grant; and

(b)the applicant has not applied for a standard grant for the eligible disaster; and

(c)the applicant consents to the authority obtaining information or documents from an insurer about the applicant’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation, to allow the authority to verify the applicant’s entitlements under an insurance policy taken out with the insurer.

17Effect of insurance on eligibility for exceptional circumstances grant

(1)This section applies to an applicant for assistance for an eligible disaster by way of an exceptional circumstances grant if the applicant receives, or is entitled to receive, an amount under a policy of insurance for a relevant cost relating to direct damage caused by the eligible disaster.

(2)The applicant is not eligible to receive assistance under the scheme to cover the relevant cost.

(3)In this section—

relevant cost means the cost of any of the things to which section 8(2)(a) to (h) applies.

(1)Subsection (3) applies in relation to an application for assistance under the scheme for an eligible disaster—

(a)if the assistance establishment notice for the disaster states subsection (3) applies to the application; and

(b)in relation to the amount of the assistance stated in the notice.

(2)Also, if an eligible entity applies for assistance for damage suffered in 2 or more disaster zones, and the assistance establishment notice states that subsection (3) applies in relation to any of those zones, then subsection (3) applies to the application in relation to all of the zones.

(3)An applicant is eligible for assistance for the eligible disaster only if the applicant provides evidence to the authority, in the form of tax invoices, official receipts for payment or bank statements, that all amounts claimed by the applicant under the scheme have been paid by the applicant.

Payment of assistance under the scheme is subject to the following conditions—

(a)an applicant must, until 1 year after the closing day for the applicant’s application for assistance, keep the following records for amounts for which the applicant has received assistance under the scheme—

(i)all tax invoices, official receipts, bank statements or other similar records of amounts paid;

(ii)all quotations or other similar records of amounts claimed;

(b)an applicant must consent to the authority conducting an audit of the records mentioned in paragraph (a) to allow the authority to verify that amounts given to the applicant under the scheme have been used in accordance with the application for assistance.

Subject to sections 20A to 22, the maximum amount of assistance that may be given under the scheme to an eligible entity for an eligible disaster is the amount stated in the assistance establishment notice for the eligible disaster.

(i)an eligible entity that is a primary producer carries on more than 1 primary production enterprise (each a separate business) at separate locations; or

(ii)an eligible entity that is a small business owner carries on more than 1 small business (each also a separate business) at separate locations; and

(b)the authority is satisfied the separate business would be a commercially viable and autonomous business (an eligible separate business) if the other separate businesses carried on by the eligible entity ceased to operate.

(2)The eligible entity may apply for assistance under the scheme for each eligible separate business as if each eligible separate business were a separate primary production enterprise or small business in relation to which the applicant may be eligible for assistance under the scheme.

(3)The maximum amount of assistance that may be given under the scheme to an eligible entity for each eligible separate business, for an eligible disaster, is the maximum amount of the assistance stated in the assistance establishment notice under section 6A(1)(d).

(4)For subsection (1)(b), the authority may have regard to the following—

(a)the staffing arrangements of the separate business;

(b)whether the separate business has its own plant, equipment or stock;

(c)the accounting and insurance arrangements of the separate business;

(d)whether the separate business operates under its own trading name.

(5)Subsection (4) does not limit the matters to which the authority may have regard.

(a)an eligible entity that is a non-profit organisation carries on more than 1 operation (each a separate non-profit operation) as a non-profit organisation; and

(b)the authority is satisfied each separate non-profit operation (an eligible separate operation) would continue to run autonomously if other separate non-profit operations carried on by the eligible entity ceased to operate.

(2)The eligible entity may apply for assistance under the scheme for each eligible separate operation as if each eligible separate operation were a separate non-profit organisation in relation to which the applicant may be eligible for assistance under the scheme.

(3)The maximum amount of assistance that may be given under the scheme to an eligible entity for each eligible separate operation for an eligible disaster is the maximum amount of the assistance stated in the assistance establishment notice under section 6A(1)(d).

(4)For subsection (1)(b), the authority may have regard to the following—

(a)the staffing arrangements of the separate operation;

(b)the accounting and insurance arrangements of the separate operation;

(c)whether the separate operation operates under its own trading name;

(d)the financial independence and autonomy of the separate operation.

(5)Subsection (4) does not limit the matters to which the authority may have regard.

(1)This section applies to an application for assistance under the scheme for damage caused by an eligible disaster.

(2)An application must—

(a)be made on the authority’s application form; and

(b)be accompanied by the documents stated in the application; and

(c)be given to the authority.

(3)An applicant may apply for assistance for only 1 of the following—

(a)a standard grant;

(b)an exceptional circumstances grant.

(4)Despite anything in an assistance establishment notice, an application for assistance for damage suffered by the applicant in one disaster zone may also relate to damage suffered by the applicant in another disaster zone.

(5)An application must be received by the authority no later than the closing day for the application.

(6)The authority may ask an applicant to give further relevant information required to decide the application.

The objective of the scheme is to provide assistance to eligible applicants who, because of an occurrence of bovine Johne’s disease in Queensland, have suffered financial loss as a result of 1 or more of the following—

(1)The purpose of the assistance under the scheme is to help an eligible applicant recover from the financial impact of slaughtering, taking alternative supply actions affecting, or carrying out the short-term quarantine of, cattle under planned slaughter or testing conditions.

(2)However, assistance under the scheme is not intended to compensate eligible applicants for losses suffered as a result of slaughtering, taking alternative supply actions affecting, or carrying out the short-term quarantine of, cattle.

Ausvetplan operational procedures means the document called ‘Austvetplan Operational Procedures Manual Valuation and Compensation’, version 3.0, published by the Primary Industries Ministerial Council in 2006, or any earlier or later version of the document.

At the commencement of this definition, the processes for destocking under a property disease eradication plan were set out in item 2.9 of the PDIP guide.

property disease investigation plan means a written plan for investigating suspected bovine Johne’s disease prepared in accordance with the PDIP guide and the standard definitions rules and guidelines.

standard definitions rules and guidelines means the document called ‘National Johne’s Disease Program Standard Definitions and Rules For Cattle–BJD Standard Definitions, Rules and Guidelines for the control of cattle strains of Mycobacterium paratuberculosis in cattle and for goats, deer and camelids’, version 8, published by the Animal Health Committee in May 2012, or any earlier or later version of the document.

supply chain plan means a written plan for managing cattle affected by planned slaughter or testing conditions, stating the actions that have been, are being, or are to be, taken to manage the cattle in response to the conditions.

(1)The amount of direct market assistance that may be given to an eligible applicant for the slaughter of an animal to which section 8(1)(b) applies is the amount that is the relevant percentage of the animal’s accepted value worked out under subsection (2) less the amount of the deduction, if relevant, worked out under subsection (3).

(2)For subsection (1), the amount that is the relevant percentage of the animal’s accepted value is—

(a)if the accepted value is no more than $2,500—25% of the accepted value; or

(b)if the accepted value is more than $2,500 but no more than $3,000—35% of the accepted value; or

(c)if the accepted value is more than $3,000—50% of the accepted value.

(3)If the animal was older than 7 years when slaughtered, the amount worked out under subsection (2) must be reduced by 25% of that amount for each whole year the animal was above that age.

Example—

An animal had an accepted value of $4,000 and was 10 years and 3 months old when slaughtered. Under subsection (2)(c) the amount of assistance would have been $2,000 (50% of $4,000) but, under subsection (3), is reduced by $1,500 (25% of $2,000 cumulatively over 3 years). The amount of assistance is therefore $500.

(1)The amount of supply chain pathway assistance that may be given to an eligible applicant is half of the amount of the costs incurred by the applicant in carrying out the alternative supply actions to which the application relates.

(1)Payment of assistance under the scheme is subject to the conditions stated in subsections (2) to (6).

(2)The applicant must give the authority—

(a)each of the following documents that is relevant to the assistance applied for—

(i)the property disease investigation plan;

(ii)the property disease eradication plan;

(iii)the supply chain plan; and

(b)any other document the authority reasonably requires to decide whether or not the applicant is a related entity of a person to whom section 7(e)(i) or (ii) applies.

Examples of another document—

a lease, an agistment contract

(3)If the application relates to the slaughter of, alternative supply actions affecting, or the short-term quarantine of, cattle that were brought into Queensland from another State on or after 20 November 2010, the applicant must give the authority the certificate of health for the cattle.

(4)If the application is for direct market assistance, the applicant must give the authority evidence of the accepted value of each slaughtered animal in the form of—

(a)for an animal bought by the applicant—tax invoices, official receipts for payment or bank statements; or

(b)otherwise—the latest valuation report for the animal.

(5)If the application is for supply chain pathway assistance, the applicant must give the authority evidence of the costs incurred in carrying out the alternative supply actions in the form of tax invoices, official receipts for payment or bank statements.

(5A)If the application is for short-term assistance, the applicant must give the authority evidence of the costs incurred in carrying out the short-term quarantine of the cattle in the form of tax invoices, official receipts for payment or bank statements.

(6)The applicant must consent to the authority obtaining from the department information about either of the following relevant to the applicant’s eligibility for assistance—

(1)This section states the purpose of financial assistance that may be given under this scheme.

(2)The purpose is to offset the impact on holders of particular commercial fishing boat licences of the surrender of the licence as a result of a prohibition on commercial fishers about the possession or use of a cast net, mesh net, seine net or set pocket net in the following regulated waters—

(i)at 5pm on 16 August 2015 a class 1 fishery symbol was written on the licence;

(ii)under the symbol, the holder of the licence could use a qualifying net to take fish in part or all of the Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters or St Helens Beach–Cape Hillsborough–North of Mackay waters regulated waters; or

(b)in relation to which the following are satisfied—

(i)at 5pm on 16 August 2015 the licence had fishery symbol ‘N1’, ‘N2’ or ‘N11’ written on it;

(ii)at 5pm on 16 August 2015 the licence related to a boat for which, under the Fisheries Regulation 2008, there was boat mark FHND, FNCX, FUPR, FXHN or FXTH;

(iii)under the symbol, or otherwise under the Fisheries Regulation 2008, the holder of the licence could use a qualifying net to take fish in part or all of the Trinity Bay–Cairns waters regulated waters.

The nature of financial assistance that may be given under this scheme to a relevant holder whose surrender offer is accepted by the authority is the payment to the holder of the relevant amount for the offer.

(1)The authority must invite surrender offers from the relevant holders by publishing on the authority’s website a notice complying with subsections (2) to (4).

(2)The notice must state that the authority invites each holder of a commercial fishing boat licence under the Fisheries Regulation 2008 to make an offer under the scheme, in the approved form of application, for the surrender of the holder’s licence, if the following requirements are met—

(b)under the symbol, the holder used a cast net, mesh net, seine net or set pocket net to take fish in either or both of the following regulated waters declared under that regulation—

(i)Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters; or

(ii)St Helens Beach–Cape Hillsborough–North of Mackay waters;

(c)during the year 2012, 2013 or 2014 a holder of the licence used a cast net, mesh net, seine net or set pocket net to take fish under the symbol in either or both of the regulated waters;

(d)the use of the net mentioned in paragraph (c) is recorded in a fishery logbook for the licence received by the department before 1 April 2015.

(3)The notice must also state that the authority invites each holder of a commercial fishing boat licence under the Fisheries Regulation 2008 to make an offer under this scheme, in the approved form of application, for the surrender of the holder’s licence, if the following requirements are met—

(a)at 5pm on 16 August 2015 the licence—

(i)had fishery symbol ‘N1’, ‘N2’ or ‘N11’ written on it; and

(ii)related to a boat for which, under that regulation, there was boat mark FHND, FNCX, FUPR, FXHN or FXTH;

(b)under the fishery symbol, or otherwise under that regulation, the holder could use a cast net, mesh net, seine net or set pocket net to take fish in part or all of the Trinity Bay–Cairns waters regulated waters;

(c)during the year 2012, 2013 or 2014 a holder of the licence could use a cast net, mesh net, seine net or set pocket net to take fish in part or all of the regulated waters under the fishery symbol or otherwise under that regulation.

15Priority of consideration for acceptance of surrender offers according to history of use of qualifying nets

(1)Surrender offers by relevant holders must be considered for acceptance in the following decreasing order of priority—

(a)from the relevant holder with the highest number of qualifying nets use days;

(b)to the relevant holder with the lowest number of qualifying nets use days.

(2)The number of qualifying net use days, for a relevant holder, is worked out by using the following steps—

(a)step 1—for each zone, work out the number of logged days during the year 2012, 2013 or 2014 that a holder of the relevant licence used a qualifying net to take fish in the zone under a class 1 fishery symbol written on the relevant licence;

(b)step 2—total the number of logged days worked out under step 1 for the respective zones.

(3)For subsection (2), the use in a zone on the same day of different qualifying nets counts as only 1 day’s use of a qualifying net in the zone.

(4)In this section—

logged means recorded in a fishery logbook for the licence received by the department before 1 April 2015.

(1)This section states the purpose of financial assistance that may be given under this scheme.

(2)The purpose is to provide a fair and reasonable payment to the holder of a particular commercial fisher licence to whom a prohibition about possessing or using a cast net, mesh net, seine net or set pocket net to take fish in the following regulated waters applies—

(1)The authority must invite applications from relevant holders for a payment under this scheme by publishing on the authority’s website a notice complying with subsections (2) to (4).

(2)The notice must state that the authority invites each holder of a commercial fisher licence under the Fisheries Regulation 2008 to apply, in the approved form, to the authority for a payment under this scheme, if the following requirements are met—

(a)during the year 2012, 2013 or 2014 the holder used a cast net, mesh net, set pocket net or seine net to take fish under the licence while using a commercial fishing boat under a commercial fishing boat licence with fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on it;

(b)the use of the net mentioned in paragraph (a) was in either or both of the following regulated waters declared under that regulation—

(i)the Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters;

(ii)St Helens Beach–Cape Hillsborough–North of Mackay waters;

(c)the use of the net mentioned in paragraphs (a) and (b) is recorded in a fishery logbook received by the department before 1 April 2015.

(3)The notice must also state that the authority invites each holder of a commercial fisher licence under the Fisheries Regulation 2008 to apply, in the approved form, for a payment under this scheme, if the following requirements are met—

(a)during the year 2012, 2013 or 2014 the holder used a cast net, mesh net, set pocket net or seine net to take fish under the licence while using a commercial fishing boat under a commercial fishing boat licence—

(i)with fishery symbol ‘N1’, ‘N2’ or ‘N11’ written on it; and

(ii)that relates to a boat for which, under that regulation, there is boat mark FHND, FNCX, FTTZ, FUPR, FXHN or FXTH;

(b)the use of the net mentioned in paragraph (a) was in the Trinity Bay–Cairns regulated waters;

(c)the use of the net mentioned in paragraphs (a) and (b) is recorded in a fishery logbook received by the department before 1 April 2015.

(1)The authority must invite applications for a payment under this scheme by publishing on the authority’s website a notice complying with subsections (2) and (3).

(2)The notice must state that the authority invites each holder of a commercial fisher licence under the Fisheries Regulation 2008 to apply, in the approved form, to the authority for a payment under this scheme if—

applicant’s overall net use days means the number of logged days during the year 2012, 2013 or 2014 the applicant used a qualifying net to take fish under a relevant fishery symbol in any waters for which the applicant held a licence under the Fisheries Regulation 2008 to take the fish.

(1)The objective of the scheme is to reduce the potential for overfishing due to an increase in commercial fishing in waters near particular regulated waters, arising from the prohibition on commercial fishers about the possession or use of a cast net, mesh net, seine net or set pocket net (each a qualifying net) in the particular regulated waters.

The purpose of the scheme is to pay each holder of particular commercial fishing boat licences whose surrender offer is accepted by the authority the prescribed amount for the surrender of the licence.

The nature of the financial assistance that may be given under this scheme to a relevant holder whose surrender offer is accepted by the authority is the payment to the holder of the relevant amount for the offer.

(1)The authority must invite surrender offers from the relevant holders by publishing on the authority’s website a notice complying with subsections (2) to (4).

(2)The notice must state that the authority invites each holder of a commercial fishing boat licence under the Fisheries Regulation 2008 that has a fishery symbol ‘N1’ or ‘N2’ written on it to make an offer under the scheme, in the approved form, for the surrender of the holder’s licence.

(3)The notice must also state the priority of consideration for acceptance of surrender offers as set out in section 15.

(4)The notice must also state—

(a)the day on and from which an application can be made; and

(b)that an application must be given to the authority by the end of 19 September 2016; and

(1)Surrender offers must be considered for acceptance in the following decreasing order of priority—

(a)a surrender offer from a relevant holder who is also a relevant holder under schedule 26;

(b)a surrender offer from a relevant holder who meets the following requirements—

(i)at 5pm on 16 August 2015 the holder’s licence had fishery symbol ‘N1’ or ‘N2’ written on it;

(ii)under the symbol, during the year 2012, 2013 or 2014, the holder used a qualifying net to take fish in all or part of—

(A)the waters between Cape York and Innisfail east of longitude 142°30' east and 10°30' south and longitude 142°30' east and 17°30' south; or

(B)the waters between Bowen and Seventeen Seventy east of longitude 142°30' east and 20° south and longitude 142°30' east and 24°30' south;

(iii)the use of the qualifying net is recorded in a fishery logbook for the licence received by the department before 1 April 2015;

(c)a surrender offer from any other relevant holder.

(2)Subsection (3) applies if 2 or more surrender offers of the same type are received by the authority.

(3)The offers must be considered for acceptance—

(a)in the date order they were received by the authority; and

(b)if more than 1 offer is received on 1 day, the offers must be considered for acceptance in the order of priority of the lowest relevant amount for the surrender offer to the highest relevant amount for the surrender offer.

(1)This section applies if the authority, by notice under section 12(2)(a), accepts a surrender offer made by a relevant holder.

(2)It is a condition of the assistance that—

(a)for a relevant holder mentioned in section 15(1)(a) or (b)—each N1 or N2 fishery symbol that was written on the relevant licence at 5pm on 16 August 2015 is written on the licence when it is surrendered; and

(b)for a relevant holder mentioned in section 15(1)(c)—each N1 or N2 fishery symbol is written on the licence when it is surrendered; and

(c)each class 2 fishery symbol that was written on the relevant licence at 5pm on the day the applicant’s officer is made is written on the licence when it is surrendered; and

(d)the relevant holder must, on or before the date stated in the surrender offer for the surrender of the relevant licence, give the authority—

The objective of the scheme is to help primary producers for primary production enterprises, or interested persons, who have received eligible professional advice from a suitably qualified professional adviser.

applicant means a person applying for financial assistance under the scheme.

eligible professional advice means eligible professional advice under section 4(1).

interested person, for a primary production enterprise, means a person who—

(a)is a child of, or is otherwise related to, a primary producer for the primary production enterprise; and

(b)has acquired, or is intending to acquire, an interest in the primary production enterprise.

official receipt means a receipt that includes—

(a)the name and address of the entity that issued the receipt; and

(b)if the entity has an Australian Business Number—the Australian Business Number; and

(c)a description of each item to which the receipt relates.

primary producer means—

(a)a sole trader who spends the majority of the trader’s labour on, and derives the majority of the trader’s income from, a primary production enterprise; or

(b)in relation to a partnership, proprietary company or trust that carries on a primary production enterprise, any partner in the partnership, shareholder in the company or beneficiary of the trust who spends the majority of their labour on, and derives the majority of their income from, the primary production enterprise.

(1)The amount of the rebate payable to an applicant is half the amount paid by the applicant for eligible professional advice up to a maximum of $2,500 for each official receipt and tax invoice for the eligible professional advice that is given to the authority.

(2)However, an applicant may be paid a maximum of only $2,500 in each financial year.

9When rebate is payable for eligible professional advice paid for after application made

(1)This section applies to the authority in relation to an application for assistance under the scheme that—

(a)was made before the applicant paid for eligible professional advice; and

(b)was approved by the authority.

(2)Payment of a rebate to the applicant may be made only if the applicant gives the authority an official receipt and tax invoice showing that all amounts claimed by the applicant under the scheme have been paid by the applicant.

The objective of the scheme is to provide assistance to prawn farmers whose prawn farming primary production enterprises are directly affected by white spot disease to help the enterprises recover from the impact of the disease.

(1)The initial interest rate payable by an applicant is the base lending rate when the applicant first draws down the loan or part of the loan.

(2)The initial interest rate for the loan—

(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the applicant first draws down the loan or part of the loan; and

(b)is worked out by the authority based on the base lending rate when the interest rate is fixed.

(3)At any time during the term of the loan after any period decided under subsection (2)(a), the authority may agree to fix the interest rate for periods of 1, 3 or 5 years.

(4)The authority may, during the term of the loan, increase the interest rate to a commercial rate if the authority is satisfied the applicant’s financial capacity has improved.

(5)If, under subsection (4), the authority decides to increase the interest rate because the applicant’s financial capacity improves during the term of the loan, the authority may decide the extent to which the interest rate for the loan is to increase—

(a)in an annual review of the loan; and

(b)based on the improvement.

(6)The authority may decide the extent to which the interest rate is to increase under subsection (5) more than once in relation to the applicant.

(7)In this section—

base lending rate means the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus a margin decided by the authority and approved by the Minister.

applicant means an eligible entity applying for financial assistance under the scheme.

approved form means a form approved by the authority.

Australian Statistical Geography Standard means the Australian Statistical Geography Standard (ASGS): Volume 5 - Remoteness Structure, July 2016 (Cat. No. 1270.0.55.005), March 2018 edition published by the Australian Bureau of Statistics.

(a)a sole trader who spends the majority of the trader’s labour on, and derives the majority of the trader’s income from, a primary production enterprise; or

(a)in relation to a partnership, proprietary company or trust that carries on a primary production enterprise, any partner in the partnership, shareholder in the company or beneficiary of the trust who spends the majority of their labour on, and derives the majority of their income from, the primary production enterprise.

(1)The nature of assistance available under the scheme is a grant of financial assistance to an eligible entity for an eligible activity.

(2)A grant of financial assistance is not available for—

(a)funding an activity that commenced or was completed before an application for assistance under the scheme is made; or

(b)repairing or replacing existing capital infrastructure; or

(c)making payments towards a debt; or

(d)purchasing land; or

(e)undertaking training, or paying professional costs, not related to the eligible activity the subject of the application; or

(f)conducting feasibility studies; or

(g)paying administration costs.

(3)Also, a grant of financial assistance is not available unless the eligible entity meets the eligibility criteria.

(4)The amount of a grant of financial assistance under the scheme for an eligible activity—

(a)is based on the authority’s assessment of the applicant’s financial position, including the applicant’s ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for; and

(b)must not be more than the amount the applicant will contribute to the activity.

(5)However, the maximum amount of a grant of financial assistance under the scheme for an eligible activity is $250,000.

(4)The first round of the scheme will open on the day stated on the authority’s website as the day on or after which an expression of interest in applying for assistance under the scheme may be given to the authority.

(5)Each subsequent round of the scheme will open on—

(a)if the round includes an expression of interest stage—the day stated on the authority’s website as the day on or after which an expression of interest in applying for assistance under the scheme may be given to the authority; or

(b)otherwise—the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.

(6)Each round of the scheme will close on the day stated on the authority’s website as the day on which the round closes.

(1)This section applies if a round of the scheme includes an expression of interest stage.

(2)The authority must, on or before the day the round opens under section 8, publish the day by which the authority must receive an expression of interest in applying for assistance under the scheme on the authority’s website.

(3)An expression of interest in applying for assistance under the scheme must—

(a)be given to the authority by the day mentioned in subsection (2); and

(b)be in the approved form; and

(c)be accompanied by the other documents stated in the approved form.

(4)The authority must accept or reject each expression of interest.

(5)If the authority decides to reject an expression of interest—

(a)the authority must give the eligible entity who gave the expression of interest to the authority written notice of the decision; and

(b)for part 3A of the Act, the decision is taken to be a decision under section 12(1)(a) of the Act.

(1)If a round of the scheme includes an expression of interest stage, an application for assistance under the scheme may be made by an eligible entity only if—

(a)the authority has accepted an expression of interest from the eligible entity; and

(b)the authority has given the entity a notice stating—

(i)the entity is invited to apply for assistance under the scheme; and

(ii)the day by which the authority must receive an application.

(2)If a round of the scheme does not include an expression of interest stage, the authority must, on or before the day mentioned in section 8(5)(b), publish the day by which the authority must receive an application for assistance on the authority’s website.

(3)An application for assistance under the scheme must—

(a)be given to the authority by the day mentioned in subsection (1)(b)(ii) or (2); and

(b)be made in the approved form; and

(c)be accompanied by the other documents stated in the approved form.

(4)If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.

(1)The payment of a grant of financial assistance under the scheme is subject to the following conditions—

(a)before receiving the assistance, a person must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b)a person must not disclose that an application for assistance under the scheme has been approved by the authority until the authority has publicly announced the approval;

(c)if requested by the authority, a scheme recipient must, from time to time, give the authority a report about how the assistance is enabling the person to achieve outcomes consistent with the purpose of the assistance mentioned in section 2;

(d)a scheme recipient must comply with the terms of the agreement mentioned in paragraph (a).

(2)In this section—

scheme recipient means a person who has received assistance under the scheme.

The objective of the scheme is to assist holders of prescribed licences by offsetting costs incurred during the period starting on 1 June 2018 and ending on 31 December 2020 (the prescribed period) for either or both of the following—

(a)buying new vessel tracking units from authorised suppliers for installation in eligible boats authorised for use under the licences;

An applicant is eligible for the purchase rebate only if the authority is satisfied the applicant has, for each vessel tracking unit for which the rebate is sought under the application, bought the unit—

(1)An applicant is eligible for the installation rebate only if the authority is satisfied the applicant has, for each vessel tracking unit for which the rebate is sought under the application, had the unit professionally installed—

(a)in an eligible boat authorised for use under a nominated licence for the application; and

(b)within the prescribed period.

(2)However, an applicant is not eligible for the installation rebate for a vessel tracking unit for which the rebate has previously been paid to a person.

(1)This section applies if a nominated licence for an application is an eligible commercial fishing boat licence or eligible commercial harvest fishery licence.

(2)The applicant is eligible for assistance under the scheme in connection with the nominated licence only for vessel tracking units identified in the vessel tracking standard as units approved for use in a fishery whose fishery symbol is written on the licence.

(1)The amount of the purchase rebate payable to an applicant under the scheme is as follows—

(a)for a category A unit—the amount the applicant paid to buy the unit, up to a maximum of $300;

(b)for a category B unit—the amount the applicant paid to buy the unit, up to a maximum of $750.

(2)The amount of the installation rebate payable to an applicant under the scheme for the installation of a vessel tracking unit is the amount the applicant paid to have the unit professionally installed in an eligible boat, up to a maximum of $220.

(3)In this section—

category A unit means a vessel tracking unit identified as a category A unit in the vessel tracking standard.

(1)Subject to division 4, the installation rebate can be paid to an applicant as follows—

(a)if a nominated licence for the application is a charter fishing licence—once for each vessel tracking unit professionally installed, in accordance with section 12(1), in an eligible boat that—

(i)is identified in a certificate of operation held by the applicant; and

(ii)is authorised for use under the licence; and

(iii)the authority considers is ordinarily used by the applicant for charter fishing trips under the licence;

(b)if a nominated licence for the application is a class 4 CFB licence—once for each vessel tracking unit professionally installed, in accordance with section 12(1), in an eligible boat authorised for use under the broadest fishery symbol for the licence;

(c)otherwise—once for each vessel tracking unit professionally installed, in accordance with section 12(1), in an eligible boat authorised for use under a nominated licence for the application.

(1)Subject to subsection (2), the maximum amount of assistance payable to an applicant under the scheme is 50% of the cost of the eligible energy efficiency project to which the application relates under a proposal mentioned in section 4(e).

(2)If an eligible energy efficiency audit for the applicant was or is carried out after 30 May 2018, the amount of assistance payable to the applicant must not be more than $250,000.